Section 2050-OO. Actions against authority  


Latest version.
  • 1.  Except in an action for
      wrongful death, no action or special proceeding shall be  prosecuted  or
      maintained  against  the authority for personal injury or damage to real
      or personal property alleged to have been sustained  by  reason  of  the
      negligence  or  wrongful act of the authority or of any member, officer,
      agent or employee thereof, unless (a) a notice of claim shall have  been
      made  and  served  upon  the  authority  within the time limit by and in
      compliance with section fifty-e of the general  municipal  law,  (b)  it
      shall  appear  by and as an allegation in the complaint or moving papers
      that at least thirty days have elapsed since the service of such  notice
      and  that  adjustment  or payment thereof has been neglected or refused,
      and (c) the action or special proceeding shall be commenced  within  one
      year  and  ninety  days  after the happening of the event upon which the
      claim is based. An action against the authority for wrongful death shall
      be commenced in accordance with the notice of claim and time  limitation
      provisions  of title eleven of article nine of this chapter.  Actions to
      recover damages for personal injury or injury to property caused by  the
      latent   effects   of  exposure  to  any  substance  or  combination  of
      substances, in any form, upon or within the  body,  or  upon  or  within
      property,  shall  be  governed  by section two hundred fourteen-c of the
      civil practice law and rules.
        2. Wherever a notice of claim is served upon the authority,  it  shall
      have  the right to demand an examination of the claimant relative to the
      occurrence and extent of the injuries or  damages  for  which  claim  is
      made,  in  accordance  with  the  provisions  of  section fifty-h of the
      general municipal law.
        3. The authority may require any person, presenting for settlement  an
      account  or  claim  for  any  cause whatever against the authority to be
      sworn before a member, counsel or an attorney, officer  or  employee  of
      the  authority  designated  for such purpose, concerning such account or
      claim and when so sworn, to answer orally as to any  facts  relative  to
      such  account  or  claim.  The  authority  shall have power to settle or
      adjust all claims in favor of or against the authority.
        4. The rate of interest to be paid by the authority upon any  judgment
      for which it is liable, other than a judgment on its bonds, shall be the
      rate  prescribed  by  section  three-a  of  the  general  municipal law.
      Interest on payments of principal or interest on any  bonds  in  default
      shall  accrue  at the rate borne by such bonds from the due date thereof
      until paid or otherwise satisfied.